Developments in Crime Response Patterns (Punishment, Correction, and Rehabilitation) in French and Iranian Criminal Law (in the Realm of Punishment)

Document Type : Original Article

Authors

1 PhD Student in Criminal Law and Criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran

2 Assistant Professor of Law, Shahid Bahonar University of Kerman, Kerman, Iran

3 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University

4 Assistant Professor, Department of Criminal Law and Criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran

10.30510/psi.2022.349526.3657

Abstract

The unlimited powers of judges in determining punishment and the inhuman nature of some punishments were a prominent feature of French criminal law before the 1789 revolution. After the revolution in 1791, the French legislature enacted a statutory sentence based on the pattern of punishment, limiting the powers of judges and distancing them from some of the inhumane punishments that pre-revolutionary. The French legislature enacted the new Penal Code in 1810, and continued to pursue the element of punishment in the form of minimum and maximum punishments. Following the publication of the book The Delinquent Man by Lamborghini in 1876 and the emergence of the French Legislative Theological School, he also tended to use the model of correction and rehabilitation. Over time, the French legislature moved away from the component of punitiveism and tended to dominate the component of correction and rehabilitation. It tends and in the Islamic Penal Code of 1392 and the Law on the Reduction of Punishment of Imprisonment, it clearly shows its desire to excel the correction and rehabilitation over the component of punishment in the realm of some crimes.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 2623-2624

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